REHMAT ALI AND ANOTHER vs SETTLEMENT COMMISSIONER (LANDS), LAHORE
The petitioners challenged the order of a learned Single Judge of the Lahore High Court dismissing their review petition, which sought to overturn the cancellation of an allotment made on claim form No. 2177 on the ground of fraud and false representation. The core legal question was whether the High Court erred in dismissing the review petition after finding that a crucial document relied upon by the petitioners contained unexplained overwriting and was not genuine. The Supreme Court of Pakistan dismissed the petition, holding that upon personal examination of the application, it indeed contained overwriting and lacked authenticity, thereby justifying the dismissal of the review petition by the High Court. The key principle laid down is that appellate and constitutional courts may examine disputed documentary evidence to determine its genuineness, and where material alterations or overwriting remain unexplained, findings regarding lack of authenticity and dismissal of review will not be interfered with.
- Whether the High Court was justified in dismissing a review petition based on a finding that a crucial supporting application contained unexplained overwriting and lacked genuineness?
- Can the Supreme Court examine original documents to verify findings of fact regarding the authenticity of a document recorded by the High Court?
ORDER
1. ' SALAHUDDIN AHMED, J.-The petitioners have become aggrieved by the order of a learned Single Judge of the Lahore High Court dismissing the formers' review petition.
2. ' It appears that the petitioners for the first time put in an application addressed by Rehmat All to the Officer-in Charge Central Record Office in support of the review petition. The said application Jed to a report by the Naib Tehsildar that the area of Anwar Ali Shah, predecessor of the petitioners, had been verified against the claim Form No, 2177. This was relied on by the petitioners to show that there was no justification on the part of the Chief Settlement Commissioner for cancelling the allotment on claim form No 2177 on the ground of fraud and false representation.
3. ' Furthermore the learned Single Judge on an examination of the said application found that there were overwriting's regarding different dates in the application and no reasonable explanation was given for the over-writings. The learned Judge, therefore, observed that the application was not a genuine one.
4. ' We summoned the application and have ourselves examined it. We agree with the learned Single Judge that the application does contain the overwriting's. ' In these circumstances no fault can be found with the High Court for dismissing the review petition.
5. ' The contention that the High Court has failed to exercise its jurisdiction in the matter appears to be misconceived.
6. ' The petition is accordingly dismissed.